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Minutes 06-12-06.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING June 12, 2006 Approved: June 26, 2006 VOL. 57 NO. 6 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on June 12, 2006. The meeting was called to order by Council President Tim Wellnitz at 7:00 p.m. Council President Tim Wellnitz led the Council in the Pledge of Allegiance. Present: Council President Tim Wellnitz, Councilmembers Brunner, Williams, Tom Wellnitz, Brien, DeGarmo and Addie (arrived at 7:04 p.m.). CONSENT AGENDA Minutes of the regular meeting of May 22, 2006. Minutes of the closed session of May 22, 2006. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Waiver of special assessment procedures for sanitary sewer, water main, curb and gutter, and paving charges for Meadows Northeast Second Addition, Marklein Builders. Waiver of special assessment procedures for storm sewer, sidewalk, and street light charges for Meadows Northeast Second Addition, Marklein Builders. Action on a motion to approve final Certified Survey Map #06006-C, Marklein Builders, 2 lots on Savannah Court. Action on a motion to approve final Certified Survey Map #06007 -C, City of Janesville, 1 lot and 1 outlot on Capital Circle. Council President Tim Wellnitz requested that the closed session minutes reflect that "Tim" Wellnitz not "Tom" Wellnitz is Council President. Also, he stated the Consent Agenda would be approved except for the Grapevine Wine Shop and the Main Street Saloon applications, if there were no objections. There were none. Council President opened a public hearing for both license applications. Steve Lathrop, 109 W. Milwaukee Street, opposed the Grapevine Wine Shop request to sell intoxicating liquor. Scott Hallatt, owner of the Grapevine Wine Shop, spoke in favor of his application. Council member Tom Wellnitz moved to deny the amendment to allow the sale of intoxicating liquor, seconded by Council member Williams and passed by the following vote: Aye: Councilmembers Tom Wellnitz, Brunner, Brien and Williams. Nay: Council President Tim Wellnitz, Councilmembers DeGarmo and Addie. Art Koutsky, 121 N. Main Street, opposed the outdoor seating request by Main Street Saloon. Council member Williams moved to deny the outdoor seating amendment because of the neighborhood impact, seconded by Council member Brunner and passed by the following vote: Aye: Councilmembers Brien, Tom Wellnitz, Williams, Brunner, and DeGarmo. Nay: Council President Tim Wellnitz and Council member Addie. Action on a proposed resolution recognizing World Elder Abuse Awareness Day. Kerri Parker, Executive Director of the YWCA, invited the Council to a tea recognizing our elderly citizens on June 15, 2006. Council member Tom Wellnitz moved to adopt said resolution, seconded by Council member DeGarmo and passed unanimously. (File Res. No. 2006-312) Action on a proposed resolution in commendation of Robert M. Atwater's twenty eight years of service to the City of Janesville. Council member Brien moved to adopt said resolution, seconded by Council member Tom Wellnitz and passed unanimously. (File Res. No. 206-308) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. There were none. 2. Continued public hearing and consideration of resolutions declaring the intent to exercise special assessment power for the Deerfield Drive area traffic improvements. The public hearing was opened. Attorney Harry O'Leary, representing Wal-Mart, requested that the Council award the Deerfield construction contract regardless of whether the special assessments resolutions are postponed. Council member Brien asked Mr. O'Leary to inform Wal-Mart that the operation of a helicopter on their construction site should occur after 8:00 a.m. Council member Tom Wellnitz moved to postpone action and continue the public hearing until June 26, 2006, seconded by Council member Williams, and passed unanimously. (File Revised Res. Nos. 2006-285, 2006-310, and 2006-311) 3. Action on proposed resolution authorizing the acquisition of property for the Deerfield area improvements. Council member Williams moved to adopt said resolutions, seconded by Council member Tom Wellnitz, and passed by the following vote: Aye: Council President Tim Wellnitz, Councilmembers Brien, Tom Wellnitz, Williams, Brunner and DeGarmo. Nay: Council member Addie. (File Res. Nos. 2006-291,2006-293,2006-294, and 2006-297) 4. Award of contract C2006-8 (Deerfield Drive & vicinity street construction and traffic improvements) for Public Works Bid Schedule "D" - 2006. Council member Tom Wellnitz moved to award the contract to Rock Road Companies, Inc., in the amount of $2,995,111.26. The motion was seconded by Council member DeGarmo and passed by the following vote: Aye: Council President Tim, Wellnitz, Councilmembers Brien, Tom Wellnitz, Williams, Brunner, and DeGarmo. Nay: Council member Addie. 5. Consideration of and action upon a motion to reconsider, and if the motion to reconsider is successful, renewed public hearing(s), reconsideration of and action upon three (3) related proposed ordinances designating and affecting the following as two-way streets: (A) North and South Franklin Streets between Mineral Point Avenue and Rockport Road, (B) North and South Jackson Streets between Madison Street and Rockport Road, and (C) Rockport Road between South Jackson Street and South Franklin Street. (File Ord. No. 2006- 316) A proposed ordinance that provides (A) The new southbound movement on North Franklin Street to stop for westbound West Wall Street traffic, and (B) Westbound and southbound traffic stop at the intersection of South Franklin Street and Rockport Road. (File Ord. No. 2006-317) A proposed ordinance that adds North Jackson Street and Madison Street to the list of all-way stop intersections. (File Ord. No. 2006-318) The public hearing was opened before the reconsideration motion. Speaking in favor of reconsideration and the proposed ordinances were: Terry Campbell, 3007 Windsor Lane, Jim Lyke, representing Forward Janesville, Dave Johnson, representing the Downtown Development Alliance, Jim Alverson, 567 S. Main Street, Paul Power, 602 E. Court Street, Jan Ishmael, 2418 Kenwood Avenue, Karl Dommershausen, representing the Downtown Development Alliance, and Bill Huelsman, former City Engineer of Waukesha, stated the City of Waukesha eliminated the one-way streets and the downtown became more successful. Speaking in opposition of the proposed ordinances were AI Lembrich, 541 Miller Avenue and Bill Truman, 360 Johnson Street. The hearing was closed. Councilmember Brunner moved to reconsider the ordinances, seconded by Council member DeGarmo and failed by the following vote: Aye: Council President Tim Wellnitz, Councilmembers Brunner, DeGarmo, and Addie. Nay: Councilmembers Brien, Tom Wellnitz and Williams. (File Ord. Nos. 2006-316, 2006- 317, and 2006-318) Council President Tim Wellnitz stated that new business number 2 would be taken out of order and considered at this time. 2. New Business: Committee appointment to Janesville Wireless Advocacy Group. Council member Williams moved to establish a Janesville Wireless Advocacy Group with up to nine members appointed by the City Manager with Council approval. In addition, the five members submitted by the City Manager would be approved. The motion was seconded by Council member Brunner and passed unanimously. 6. Old Business: A proposed ordinance amending Section 8.40.040 to clarify the requirements for a fireworks display permit received its second reading and public hearing. No one spoke at the public hearing. Council member Tom Wellnitz moved to adopt said ordinance, seconded by Council member Brien and passed unanimously. (File Ord. No. 2006-324) 7. A proposed resolution vacating portions of Savannah Court. Council member Addie left the Council table. No one spoke at the public hearing. Council member Tom Wellnitz moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2006-277) Council member Addie returned to the Council table. 8. A proposed resolution awarding $15,075,000 General Obligation Promissory Notes, Series 2006, of the City of Janesville, Wisconsin, establishing interest rates thereon and levying taxes therefore. Council member Tom Wellnitz moved to adopt said resolution, seconded by Council member Addie and passed unanimously. (File Res. No. 2006-289) 9. City Manager's report. (A) Janesville Area Convention and Visitors Bureau. (JACVB) Christine Rebout, Executive Director for the JACVB, presented information on how they promote tourism for Janesville. In 2005, JACVB was responsible for bringing $6 million in tourism revenue into the community. NEW BUSINESS 1. A proposed resolution authorizing the sale of a surplus 5.0 acre industrial site in TIF No. 14 (Capital Circle) to Bliss Family Limited Partnership for a purchase price of $130,000. Council member Williams moved to adopt said resolution, seconded by CouncilmemberTom Wellnitz and passed by the following vote: Aye: Council President Tim Wellnitz, Councilmembers Brien, Tom Wellnitz, Williams, Brunner, Addie. Pass: Council member DeGarmo. (File Res. No. 2006-309) 3. A proposed ordinance updating various user and license fees was introduced and scheduled for a public hearing on June 26, 2006. (File Ord. No. 2006-326) 4. A proposed ordinance revising the regular bus fare rates for the Janesville Transit System was introduced and scheduled for a public hearing on June 26,2006. (File Ord. No. 2006-327) 5. A proposed ordinance amending the City's Subdivision Regulations regarding street right- of-way and street widths was introduced, referred to the Plan Commission and scheduled for public hearing on July 10, 2006. (File Ord. No. 2006-328) 6. A proposed ordinance to allow for the establishment of temporary real estate sales offices as permitted by the Site Plan Review Coordinator through the issuance of a temporary use permit was introduced, referred to the Plan Commission and scheduled for public hearing on July 10, 2006. (File Ord. No. 2006-329) 7. A proposed ordinance that designates the following as two-way streets: (A) North and South Franklin Streets between Centerway and Rockport Road, (B) South Jackson Street between Centerway and Rockport Road, and (C) Rockport Road between South Jackson Street and South Franklin Street, was introduced and scheduled for public hearing on June 26, 2006. (Filed Ord. No. 2006-331) 8. A proposed ordinance that requires: (A) The new southbound movement on North Franklin Street to stop for westbound West Wall Street traffic, and (B) Westbound and southbound traffic stop at the intersection of South Franklin and Rockport Road, was introduced and scheduled for public hearing on June 26, 2006. (File Ord. No. 2006-332) 9. Recommendation of the Transportation Committee: A proposed ordinance establishing yield signs on Spaulding Avenue at Sandhill Drive, was introduced and scheduled for public hearing on June 26, 2006. (File Ord. No. 2006-330) 10. Requests and comments from the public on matters which can be affected by Council action. There were none. 11. Matters not on the agenda. Council member Brien asked if the new proposed two way street ordinance could be scaled back by an amendment motion. City Attorney Klimczyk stated an amendment would be allowable. Also, Council member Brien requested the Administration repair the street at the intersection of Beloit Avenue and Delavan Drive. Council member Brunner commended the City's participation in the Wilson School Bike Rodeo. He requested that the Administration consider installing more directional signs for the Senior Center. Council member Addie asked about the staffing level of the Police Department and was told that it is estimated to be at full staff in July. Council member Tom Wellnitz requested that the Administration check the placement of Wal-Mart construction signs. There being no further business, Council adjourned at 9:29 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer